Spaulding v. Missouri Lumber & Mining Co.
Missouri Court of Appeals
Appeal from Eeynolds Circuit Court.—Hon. E. M. Dearing, Judge. (1) The petition alleges specific negligence and the proofs are directed to a single defect and plaintiff is held to establish the negligence alleged unaided by any presumption. Brit v. Crebo, 158 S. W. 68; Gibler v. Railroad, 128 S. W. 791; MeGratb v. Transit Co., 94 S. W. 872; Evans v. Railroad, 121 S. W. 36; Orcutt v. Century Bldg.
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Appeal from Eeynolds Circuit Court.—Hon. E. M. Dearing, Judge. (1) The petition alleges specific negligence and the proofs are directed to a single defect and plaintiff is held to establish the negligence alleged unaided by any presumption. Brit v. Crebo, 158 S. W. 68; Gibler v. Railroad, 128 S. W. 791; MeGratb v. Transit Co., 94 S. W. 872; Evans v. Railroad, 121 S. W. 36; Orcutt v. Century Bldg. Co., 99 S. W. 1062; Findley v. Box Co., 158 S. W. 23; Newlin v. Railroad, 121 S. W. 125; Howell v. Wabash, 129 S. W. 725; Anderson v. Railroad, 130 S. W. 82; Harrington v. Railroad, 146 S. W. 821.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is engaged in the lumber business and owns and operates in connection therewith numerous tramways and cars operated by a steam locomotive thereon. At the time of his injury plaintiff was a brakeman on one of defendant’s logging trains. It appears the locomotive was disconnected and certain cars were shunted forward down an incline and plaintiff was stationed upon one of the ears with a view to controlling it by applying the brake. In…
2Cases cited8 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
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3Cited by2 opinions
- Ex Parte FosterTexas Supreme Court · 1945
- Hayes v. Sheffield Ice Co.Supreme Court of Missouri · 1920